Johnson v. Eversole Lumber Co.
Supreme Court of North Carolina
ActioN tried before MeNeill, J., and a jury, at March Term, 1906, of Swain. Defendant appealed. It was argued in' and determined by this Court during the Spring Term, 1901, and no error adjudged. It is again before this Court upon a petition to rehear. The facts are stated in the opinion.
1Opinion of the CourtClark, C. J.
Petition to rehear this case, reported 144 N. C., 717. After deciding several points therein, the Court added that the “other exceptions do not require discussion.” The petition to rehear is rested upon alleged inadvertence in this last particular, and we think there was an inadvertence aá to one point which entitles the appellant to a new trial. This was properly presented in appellant’s brief on the former argument, but was not pressed in the oral argument.
Reaffirming in every respect the decision in this case (144 N. C., 717) on the points therein decided, we think there was error below as…
2Cases cited7 opinions
- Heath, Springs & Co. v. Big Falls Cotton MillsSupreme Court of North Carolina · 1894
- Evans v. . EtheridgeSupreme Court of North Carolina · 1888
- Threadgill v. Commissioners of Anson CountySupreme Court of North Carolina · 1895
- Johnson v. Eversole Lumber Co.Supreme Court of North Carolina · 1907
- Reed v. . ReedSupreme Court of North Carolina · 1885
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3Cited by10 opinions
- King v. . McRackanSupreme Court of North Carolina · 1915
- Norman v. WilliamsSupreme Court of North Carolina · 1955
- Richmond Cedar Works v. PinnixDistrict Court, E.D. North Carolina · 1913
- Champion Fibre Co. v. CozadSupreme Court of North Carolina · 1922
- Peel Ex Rel. Daniel v. CoreySupreme Court of North Carolina · 1928
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